Brampton Divorce Lawyer Offering Free Consultation
Brampton Divorce Lawyer
Simple Divorce makes your divorce in Brampton as simple and affordable as possible.
Our family law services range from the simple to the most contested matters. Different needs mean different solutions, and our fees have been structured to reflect this reality.
In our experience, depending on the particular situation, individuals require one of the following three solutions:
1) Simple Uncontested Divorce Lawyer Brampton
A simple divorce is just what it sounds like. The parties in a divorce proceedings are only looking for a divorce and are not advancing any other claims. The typical lawyer charges around $1,500 for an uncontested divorce. Our fee starts at $300 AND we accept payment plans! We are confident that our fees are one of the lowest in the industry.Call 416-901-7992 to get started.
What is Uncontested Divorce?
In an uncontested divorce, both of the spouses agree on all the issues raised by the divorce. Such divorce cases are often the easiest to resolve. However, this is not to say that you don’t need the input of a divorce lawyer in Brampton. Legal guidance is paramount to ensure that due process is strictly followed and your rights are protected. Spouses who seem to agree on all the issues related to the end of their marriage usually don’t need to appear in court for hearings and the divorce can be finalized simply by fulfilling all legal processes required. However, you cannot simply file an uncontested divorce.
An uncontested divorce occurs when one spouse who has been served with the divorce papers doesn’t respond by filing an answer within the required time (this is usually 30 days if the spouse resides in Canada or up to 60 days if outside of the country). That failure to respond after being served is what makes the divorce uncontested.
The uncontested divorce process in Brampton
The uncontested divorce proceedings begin when the applicant files for divorce with the Ontario Superior Court of Justice. The applicant’s spouse must also be served with the same copy of the application. If the served spouse doesn’t respond within the required time, the court will assume that he/she doesn’t contest the divorce.
With the help of a divorce lawyer in Brampton, the applicant will file an affidavit which he/she swears that the respondent was served. This application should include all supporting materials that prove the service.
If the claim is only for divorce, then the case will proceed with the affidavit evidence alone. Upon receiving all the records and affidavit evidence, the judge will go ahead and grant the divorce, and the court order will be mailed to each spouse. Couples who are intending to remarry can request a divorce certificate. An oral hearing may be required if there are other claims in the divorce application.
2) Separation Agreement
A separation agreement is an amicable way to resolve all outstanding issues relating to your divorce matter. This is an ideal solution to protect your rights while saving you the acrimony and costs associated with the formal court process.
Why a separation agreement is critical
When two spouses or common-law partners would like to end their marriage or union, the most optimal course of action is to sign a contract in which they agree on their respective rights and obligations. This contract often addresses critical issues of custody and access where children are involved, division of property and equalization, as well as spousal support. This contract is known as a separation agreement.
With a separation agreement, parties can avoid the costly route of going to court in order to obtain a divorce. Even though separation agreements are not necessary, they can help reduce the burden of the costs associated with divorce.
Additionally, separation agreements can be personalized to ensure the conclusion reached suits the couple’s unique situation. Should you choose to go to court, the judge may enforce a decision that doesn’t suit either of you since he/she is a third party and may not be affected in any way by the decisions made.
When you work with a divorce lawyer in Brampton to get your separation agreement, you can still quickly and easily make amendments together with your ex as things change. This avoids the lengthy and costly process of bringing an application to the court for a variation. Parties themselves can sit and agree on changes they can make without involving the courts.
What does a separation agreement look like?
Generally, your separation agreement should include information that is specific to the issues you are currently facing as a separating couple and how you intend to resolve them. For instance:
Parenting arrangements: The separating couple should determine who takes custody of the children, how much time each parent has with the child, as well as other details such as what happens when one person relocates and what changes can be made on the parenting schedule.
Child support: If the separating couple has children, the amount of child support to be paid should be clearly stated in the agreement. This amount is determined under the Child Support Guidelines. If there are any extraordinary expenses, you would need to state how these will be paid. Parties should specify which adjustments can be made in support payments and in what circumstances.
Dispute Resolution: Parties should agree on how future disputes will be resolved. There’s a possibility of issues coming up in the future that they may disagree on. Some separating couples choose a mediator or arbitrator to turn to in case of a disagreement.
Spousal support: If there is any spousal support to be paid by one spouse, the amount, when it’s paid and for how long should be specified in the agreement. It’s also critical to indicate the circumstances that would lead to termination of spousal support, such as remarriage or a drop in the payor’s income.
Benefits: If there are benefits such as medical and dental insurance, parties should specify how these are going to be handled.
Property division: The agreement should indicate how the net family property will be divided, how and when the equalization payment will be made. If there are certain benefits given in exchange for others, this should be clearly specified. If the separating couple has debts, the agreement should specify how these will be divided.
Matrimonial home: The agreement should also indicate whether the matrimonial home will be retained by one spouse or sold and, if so, how the proceeds will be divided. If one spouse will continue living in the matrimonial home, the agreement should indicate who and for how long. It should also specify who will cater to any additional bills such as service fees or upkeep for the property.
3) Contested Divorce
When negotiations fail it will become necessary to utilize the formal litigation process to uphold and protect your legal rights. Our Toronto family lawyer can help you with a child custody and access, child support, spousal support, division of property and common law claim.
What is a contested divorce?
Divorce is regarded as contested if the separating couple doesn’t agree on some or all of the issues raised by the divorce. Some common disagreements in the divorce proceedings may be about the parenting arrangement, division of property or support matters. Contested divorces take a lot longer to resolve and may involve the courts.
A contested divorce procedure in Brampton
In a contested divorce, the two parties are required to file court documents setting out their positions on the issues raised. The parties are then given an opportunity to discuss the case, in the presence of a divorce lawyer in Brampton, in order to streamline the proceedings. This is known as the case management process, and it is designed to encourage settlement as soon as possible.
Most couples are often able to resolve their issues and come to agreeable terms during the case management process. This saves both parties so much time and money. However, if the case fails to settle before trial, the judge will make a final order and grant a divorce. This divorce order is likely to be final within 31 days after it is granted.
Licenced and Insured Lawyers
When you use our service, you can rest assured that you are dealing with a professional law firm. Your entire divorce file is prepared and reviewed by lawyers and law clerks. Our office is committed to answering all your questions and completing your divorce in an efficient manner. Choosing a licenced lawyer to process your divorce makes sense – not only are we insured by the Law Society, but are also provided extensive training. We are required to maintain minimum quality standards that ensure your case is handled professionally and with the due care it deserves.
Ontario Divorce Law FAQ
How long will it take to get a divorce?
Simple uncontested divorce proceedings can be completed in 4 to 6 months. However, if the divorce is contested and involves court hearings, it can take longer. It’s in your best interests to consult an experienced divorce lawyer in Brampton to ensure that you’re always on track and your best interests are protected. Once a divorce order is made, it takes about 31 days for the divorce to take effect.
Can you divorce without a separation?
In Ontario, you cannot be granted a divorce until you have been separated from your spouse for at least 1 year. However, if you are filing for divorce on the grounds of adultery or cruelty and the courts are satisfied that these grounds exist, you can be granted divorce instantly.
Must I have a lawyer to be granted a divorce?
You don’t have to hire a lawyer to file for divorce. However, it’s important to get professional legal advice since there are steps that have to be taken on time and ensure your divorce progresses quickly. Lawyers also have access to resources and experience to ensure your legal rights are protected throughout the divorce.
Can your spouse evict you from your matrimonial home once the divorce is granted?
Certainly yes. If you are not the legal or joint titleholder of the property, then once a valid divorce order is obtained, the rights you possessed regarding the matrimonial home are lost. Therefore, your spouse can ask you to leave the property without any notice.
Am I eligible to claim an equalization payment?
There is a statutory limitation period imposed by law for the claiming of an equalization payment. This period was reduced from 6 years when separated to 2 years when divorced. Overlooking this particular aspect of law can result in lost eligibility.
Can you claim support in Canada after getting a valid divorce order in the USA?
You may not be able to claim support under the Canadian legislation if you applied for and obtained a divorce in a foreign jurisdiction. You may still have to submit the support applications and claims in the same jurisdiction in which your divorce was granted.
Can I be considered separated if I live in the same house with my spouse?
Separation doesn’t mean you have to be living in separate homes. You can still be considered separated even when living under the same roof if:
- The spouse is remaining in the home due to economic necessity
- There have been no sexual relations between the separating couple. This is not conclusive, but it may be considered.
- There is withdrawal by one or both spouses from their matrimonial obligations.
Other additional considerations such as participation in joint social activities, meal patterns and communication between spouses will be made by the court to determine if the couple can be termed as separated.
Can I get a divorce if child custody and support have not been settled?
Your divorce application may not be granted by the court if there are no proper reasonable arrangements for the care of children. The parties have to devise a parenting plan and resolve support matters before being granted a divorce.
What happens to the children before the divorce is complete?
In most cases, the children will stay in the matrimonial home with both parents unless one parent voluntarily chooses to move out. The court may also order interim or exclusive possession of the home to one spouse.